تعديل الدستور العراقي النافذ لسنة 2005م بين النظرية والتطبيق

Abstract

There are many questions surrounding the possibility of amending the current Iraqi Constitution of 2005. We often hear the repeated statement that the Iraqi Constitution is rigid and cannot be modified. This statement is not entirely accurate, as it carries an aspect of truth regarding the inflexibility of the Iraqi Constitution. However, this does not mean that it cannot be amended through specific procedures that preserve its dignity, ensure its sanctity, and prevent easy manipulation of its provisions. The process of amending the constitution faces numerous political and procedural obstacles, as evidenced by the failure of all previous attempts at amendment. Despite this, the amendment process would bring many advantages, including increased cooperation between the legislative and executive branches of power, as well as the completion of building legislative and executive institutions. Moreover, amending the constitution according to specific procedures would contribute to addressing many problems that have arisen from the practical application of the Iraqi Constitution since its enactment in 2005.